Terms and Conditions of Use
General Terms and Conditions applicable to Use of a Website
Please read this document carefully as it constitutes a legally binding agreement between you and theMomiverse.com website (“Website”). Your use of this Website is governed by these Terms and Conditions.
By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.
This Website is owned and operated by Momiverse Media Group, LLC (doing business as “theMomiverse.com” or “the Momiverse”). This Website is provided by the Momiverse and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these Terms and Conditions of Use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by the Momiverse. By using this Website, you are deemed to have agreed to these terms and conditions of use. The Momiverse may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on theMomiverse.com. By using this Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this Website.
This Website and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), comments, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this Website (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Website and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, the Momiverse reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Website or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Momiverse official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that the Momiverse is not responsible for material submitted to the Momiverse or posted to the Website by users. The Momiverse does not pre-screen, monitor, review or edit the Content posted by users. However, the Momiverse and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, which in the Momiverse’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Momiverse is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to the Momiverse. You agree to immediately notify the Momiverse of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that the Momiverse may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Momiverse, its users or the public.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Momiverse assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to theMomiverse.com.
Any or all Content on the Website may be purged periodically in the Momiverse’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by the Momiverse or submitted to the Momiverse, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of the Momiverse, and the Momiverse does not support or endorse Content (including any Contribution, whether or not edited by the Momiverse or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Restrictions on Use of Material
The content on this Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Website.
In operating this Website, the Momiverse does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or the Momiverse mail and e-mail addresses, or in any other way. Any information or material submitted or sent to the Momiverse, will be deemed not to be confidential or secret. By submitting or sending information or other material to the Momiverse you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant of Limited License
By communicating with the Momiverse, including submitting or sending Content, a Contribution or other information or material to theMomiverse.com, you grant the Momiverse the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Momiverse feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to the Momiverse.
You also warrant that any “moral rights” in posted materials have been waived.
Links to Other Websites
You may be able to link to third parties’ Websites (“Linked Sites”) from theMomiverse.com Website. Linked Sites are not, however, reviewed, controlled, or examined by the Momiverse in any way and the Momiverse is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the Momiverse’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall the Momiverse be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that Website’s administrator or webmaster. The Momiverse reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
Linking to theMomiverse.com
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of theMomiverse.com so long as the link does not portray the Momiverse, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Momiverse logo, graphic, or trademark as part of the link without the express written permission from the Momiverse Media Group, LLC.
We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time without prior notification.
Contests, Promotions, or Giveaways
From time to time, the Momiverse may offer as part of the Services, either on or through the Website, contests, promotions, and giveaways (collectively, “promotions”). To participate in promotions, participants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of the Momiverse.
Some contests, promotions, or giveaways may offer prizes to participants. All prizes are subject to the official contest or giveaway rules published with that specific promotion.
The Momiverse reserves the right to cancel, terminate or alter any contest, promotion, or giveaways or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials and content contained in this Website are the copyrighted intellectual property of Momiverse Media Group, LLC and its affiliates or licensors. As between the Momiverse and you, the Momiverse Media Group, LLC is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
© Copyright 2010-2012 Momiverse Media Group, LLC.
All Rights Reserved. Reproduction in whole or in part without permission is prohibited.
The Momiverse name, logos and graphics are trademarks of the Momiverse Media Group, LLC in the United States and other countries. All rights reserved.
The Momiverse copyright materials may not be reproduced in whole or in part by persons, organizations or corporations other than the Momiverse, its affiliates, divisions and units without prior written permission from the Momiverse Media Group, LLC. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or service marks owned by the Momiverse Media Group, LLC without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
The following words or phrases are copyrighted under the Momiverse Media Group, LLC and are not to be used without permission:
- Navigating the world of Mom™
- …hectic and harried world of Mom
- Momiverse Weekly
- Your weekly guide to navigating the world of mom
- Momiverse Ambassador
- Momiverse Member
- Sites that Simplify™
- Momiverse Party Kit
- Community Director
- Community Director Network
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the theMomiverse.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact only for copyright matters. For all other inquiries, please use our contact form.
Attn: Copyright Agent for Momiverse Media Group, LLC
Law Office of Joan L. Jakel, P.C.
2345 S. Alma School Road, Suite 200
Mesa, AZ 85210
The editorial content at theMomiverse.com and in the Momiverse Weekly email newsletter is selected by the editors and not our advertisers. Advertisers may purchase ad space on theMomiverse.com and in the email newsletter, but it will always be labeled as such. We occasionally send out emails that may ask you for your feedback so we can improve things to better suit your needs. We may also send you emails that may interest you on behalf of our sponsors.
You may read the full Editorial Policy.
The information (including, without limitation, advice and recommendations) and services on the Website are intended solely as a general educational aid and are not financial, medical nor healthcare advice for any individual problem nor a substitute for financial, medical or other professional advice and services from a qualified financial advisor, healthcare provider or other professional expert familiar with your unique facts. Always seek the advice of your financial advisor, physician, qualified healthcare provider or other professional expert regarding any financial situation or medical condition and before starting any new program or treatment. Nothing contained in the Website is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither theMomiverse.com nor its suppliers or users are engaged in rendering legal, medical, counseling, or other professional services or advice. Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout the Website. TheMomiverse.com and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While theMomiverse.com strives to keep the information on the Website accurate, complete, and up-to-date, theMomiverse.com and its suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.
We urge you to read our Disclaimers and Disclosures.
Disclaimer of Warranties
The Website and services are provided “as is,” “where is” and “as available,” without warranty of any kind, either express or implied. Without limitation of the foregoing, the Momiverse specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the Website or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by the Website, including without limitation as a result of (1) any error, ommission, deletion or defect in the content, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action. The Momiverse does not warrant or guarantee (1) that any portion of the Website will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (2) that access to the Website will be uninterrupted or error-free. The Momiverse does not warrant or make any representations regarding the use or the results of the use of the materials in this Website. You (and not the Momiverse or any of its agents) assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
In no event will the Momiverse, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, licensees, successors or assigns, be liable to any party (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the Website, even if the Momiverse or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Momiverse’s liability shall be limited to the extent permitted by law.
Upon a request by the Momiverse, you agree to defend, indemnify and hold the Momiverse, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. The Momiverse reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Momiverse in asserting any available defense.
Applicable Laws / Jurisdiction
You agree that the laws of the State of Arizona, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Momiverse or relating in any way to your use of the Website resides in the courts of the State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona, in connection with any such dispute and including any claim involving the Momiverse or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this Website from our office in Scottsdale, AZ. We do not represent that materials on the Website are appropriate or available for use outside of Scottsdale, AZ. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to us by email at info [at] theMomiverse [dot] com.
Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The Momiverse may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Modifications or Suspension of Website
The Momiverse may revise these Terms and Conditions of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
You agree that the Momiverse may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that the Momiverse will not be liable for the consequences of doing so.
If you have any questions about this policy or our Website in general, please contact us.
Last revised: April 7, 2011